The following is a legal software license agreement between you, the LICENSEE, and Kookaburra Software, setting forth how you can use Kookaburra Software's Cookie Pal computer software, documentation and other associated media ("THE SOFTWARE"). You acknowledge that you agree to its terms by downloading, installing, and/or using THE SOFTWARE. Carefully read this license agreement before using the product.
Grant of License: This product is licensed as a SHAREWARE computer software program. This license permits you to install one copy of the software included in this package on a single computer only. You may evaluate this product for a maximum of thirty (30) days from the time you first install it onto your computer. After this time you must either remove this software from your computer or purchase a license for the software from Kookaburra Software. You are permitted to make one (1) back-up copy of the registered software for your personal protection.
Ownership: The software is owned by Kookaburra Software and is protected by United States copyright laws, international treaty provisions, and all other applicable national laws. No program, code, part, image, text or sound may be copied or used in any way by the user except as detailed in this license agreement.
Redistribution: You have permission to include and distribute the evaluation version of the software in a commercial Shareware CDROM, download web site or other collection, together with other software. If you include it in any such package the following restrictions apply: (1) The distribution format is not to be modified in any way from the original supplied by Kookaburra Software. Specifically no files may be altered, deleted or added to the distribution file(s); (2) The distribution must not include a registration number. In particular, you may not distribute a registered or licensed piece of software. Only the evaluation version of the software may be redistributed; (3) No money can be charged to the person receiving the software, beyond reasonable cost of packaging and other overhead; (4) You must notify Kookaburra Software that you are redistributing the software.
WARRANTY DISCLAIMER: ALL PROGRAMS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER IMPLIED OR EXPRESSED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR DATA INTEGRITY, OR PROTECTION. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE USER. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU, AND NOT KOOKABURRA SOFTWARE ASSUME THE ENTIRE COST OF ANY NECESSARY REPAIRS OR CORRECTIONS. KOOKABURRA SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED WITHIN ANY OF ITS PROGRAMS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ANY OF ITS PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE.
LIMITATION OF LIABILITY: IN NO EVENT WILL KOOKABURRA SOFTWARE BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF INFORMATION, BUSINESS INTERRUPTIONS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN) EVEN IF KOOKABURRA SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT SHALL KOOKABURRA SOFTWARE'S LIABILITY EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF THE CLAIM.
Acknowledgment: Your use of any software produced by Kookaburra Software is based only on your acknowledgement that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and Kookaburra Software which supersedes all proposals or prior agreements, oral or written, and all other communications between you and Kookaburra Software relating to the subject matter of this Agreement.
